DP1

DecisionPoint
http://proethica.org/ontology/cases#DecisionPoint

DP1

Should Engineer A continue inserting the broad self-negligence indemnification clause into future pollution-related service agreements now that professional liability insurance covering pollution services has become commercially available?

Following the re-entry of insurers into the pollution liability coverage market, Engineer A must decide whether to retain the broad indemnification clause — originally inserted when pollution insurance was unavailable — in future pollution-related service agreements, or to remove it and instead procure available insurance coverage. The clause requires clients to indemnify and hold harmless Engineer A for damages and legal costs arising from Engineer A's own negligence, a transfer of liability that was conditionally tolerated under Section III.9 only while insurance was genuinely unavailable.

Discontinue use of the broad self-negligence indemnification clause in all future pollution-related service agreements and instead obtain commercially available professional liability insurance — including pollution-specific coverage — as the ethically preferred risk-management mechanism, thereby restoring personal liability acceptance consistent with the learned profession compact.

Continue requiring clients to indemnify and hold harmless Engineer A for negligence-related damages and legal costs in future agreements, treating the clause as a standard contractual term regardless of current insurance market conditions, effectively transferring professional liability to clients after the justifying condition of insurance unavailability has lapsed.

Retain a modified, narrowly scoped indemnification clause only after conducting and documenting a good-faith assessment confirming that available pollution liability insurance remains cost-prohibitive for Engineer A's practice, limiting the clause to gross negligence exclusions and disclosing the affordability basis to clients, in conformity with the residual Section III.9 affordability exception.

Licensed Professional Engineer Providing Pollution-Related Consulting Services